Divorce Guide

Divorce Guide

Wife's Rights In Divorce

During the divorce litigation, the family court makes sure that the wife's rights in divorce are maintained and that of the husband as well. As most of the women live as homemakers or earn less than the husband the distribution of property and spousal supports are ordered to make sure that the wife continues to maintain the same living standards that she used have during the marriage. Moreover, the child custody rights and child support is also considered and decided by the court to ensure the mother gets the chance to spend time with her child.

Distribution of property

Equal distribution of the marital property is one of the wife's rights in divorce. The distribution of the property is made as per the law of the state and that differs from one state to the other. Some of the states follow the community property law and some of the states have the equitable property law and there are a few states that have the common law property. In the common law, the property is given to the spouse in whose name the property was registered and if the property was registered jointly, the property is equally divided. In community property law, all the martial property is considered to be the community property and divided equally among the spouses. In equitable property law the properties are distributed as per the courts order and the court can order as such as 2/3 of the property to the higher earning spouse and the rest to the other.

Spousal support

The spousal support is a vital wife's rights in a divorce. The alimony is awarded by the court to the wife if she earns less than her husband. While considering the income of the spouses all the income sources are calculated including the salary, investments, stocks, bonds, and earning from property. The amount of spousal support largely depends on the earning of spouses, age, health, duration of the marriage and property of the spouses. Depending on the circumstances, the court can order a permanent alimony that is to be paid till the wife gets married or starts to live with another partner or the payer is dead. The temporary or rehabilitative alimony of course is paid till the specified time period by the court. The wife, if unemployed can also claim for an interim alimony or Pendente Lite that is paid by the husband to his wife during the divorce litigation.

Child Custody and Child Support

Child custody is considered to be one of the most important wife's rights in divorce. It is quite understandable that the child is better of with his or her mother in most of the cases and hence in most divorce cases the physical custody rights are conferred to the mother of the child. But there are so many other factors that are considered by the court like the best interest of the child, income of the spouses, physical and mental health of the parents and so on. If the mother gets the child custody, the child support is paid by the father of the child and that is also the right of the wife in a divorce.

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